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April 2022 Contents

Welcome to the April 2022 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles.


Note that there are no new monthly CPD quizzes since the SRA and the BSB have both updated their CPD schemes to eliminate this requirement. Reading PIBULJ articles can still help to meet your CPD needs. For further details see our CPD Information page.


Personal Injury Articles
Pleading and proving mitigation of loss: Mathieu v Hinds & Anor [2022] EWHC 924 (QB) - Rochelle Powell, Temple Garden Chambers
The judgment of Mrs Justice Hill in this case deals with a number of interesting issues. This article focuses on pleading and proving mitigation of loss. The claimant, Manuel Mathieu, was an up and coming artist, studying for a Masters' degree in Fine Art at Goldsmiths College. On 28 November 2015 he was struck by a stolen moped...
Fundamental Dishonesty: The Importance of Adequate Warning To A Claimant - Nicholas Dobbs, Temple Garden Chambers
In Jenkinson v Robertson, the Claimant appealed against a finding of fundamentally dishonest that had resulted in his claim being dismissed in its entirety pursuant to section 57(2) of the Criminal Justice and Courts Act 2015. The Claimant had sustained multiple injuries in a road traffic accident and at trial the principal issue between the parties was whether there was any causative link between...
Double Recovery: Costs In Part IIIA of CPR45 Where There Are Two Or More Claimants - Nicholas Dobbs, Temple Garden Chambers
In Melloy v UK Insurance Ltd (Portsmouth County Court, Case Number 011LR422, 25 February 2022) an issue arose at the conclusion of the trial as to whether two claimants in proceedings for damages that fall within Part IIIA of CPR 45 were separately entitled to the costs set out in Table 6B. His Honour Judge Glen determined that where there are two or more claimants in proceedings for damages that fall within...
Witness Statements and the complexities of language: A legal minefield? Bahia v Sidhu & Anor [2022] EWHC 875 (Ch) - Rochelle Powell, Temple Garden Chambers
Mr Bahia was born in India, but had lived in the UK for over 50 years. As at the date of the trial, he was 72 years old. Mr Bahia provided two witness statements, in the second he stated: 'English is not my first language, but I have an understanding of it. My usual way communicating is by speaking a mixture of Punjabi and English'...
The Reasonable and Prudent Employer - Jim Hester, Parklane Plowden Chambers
The standard expected of a reasonable and prudent employer in employer liability cases is frequently the subject of both legal and factual dispute. In industrial disease claims, where the knowledge of the connection between working conditions and injury has often developed incrementally over long periods of time, this is of particular importance...
Clinical Negligence Medicine by Dr Mark Burgin
Truth and the Expert - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP discusses working as an independent expert in the Looking Glass world of the law...
Exacerbation and Acceleration - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP describes an expert approach to the legal concepts of Exacerbation and Acceleration...

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